Michigan Uncontested Divorce With Children

It's Possible — But "Uncontested" Doesn't Mean Simple

An uncontested divorce means both spouses agree on everything: custody, parenting time, child support, property division, and spousal support. There is no contested trial and no judge making decisions for you, but a brief proofs hearing is still required. When it works, it's the fastest, cheapest, and least destructive way to divorce in Michigan.

But when minor children are involved, Michigan imposes additional requirements that make even an uncontested divorce more complex than a childless one. The biggest difference: the mandatory 180-day waiting period.

The 180-Day Timeline

Michigan requires a minimum 180-day cooling-off period for any divorce involving minor children, starting from the date the Complaint for Divorce is filed. A judge may shorten it for unusual hardship or compelling necessity, but even then the wait cannot be reduced below 60 days.

For comparison, childless couples wait only 60 days.

The only exception: a judge may shorten the 180-day period if the requesting party demonstrates "unusual hardship or compelling necessity," such as domestic violence or child safety concerns. Even then, the wait can never drop below 60 days.

A typical uncontested divorce with children follows this timeline:

Total timeline for a straightforward uncontested case: approximately 6 to 8 months from filing.

What You Need to Agree On

For a Michigan divorce with children to qualify as uncontested, both spouses must reach agreement on every issue. There are no partial agreements — if you agree on property but dispute custody, the case is contested.

Custody and parenting time. You must agree on legal custody (joint or sole), physical custody (joint or sole), a specific regular parenting time schedule, holiday and school break rotations, summer arrangements, and exchange logistics. Vague agreements like "we'll figure it out" won't satisfy the court. See our guide on what should be in a Michigan parenting plan for the level of specificity courts expect.

Child support. Michigan uses the mandatory Michigan Child Support Formula. Even in an uncontested case, child support must be calculated using the formula — parents can't simply agree on an arbitrary number. The Friend of the Court reviews the calculation based on both parents' incomes and the parenting time arrangement. Parents can agree to deviate from the formula, but the court must approve the deviation after finding it's in the child's best interest.

Property and debt division. Michigan is an equitable distribution state. You divide marital assets and debts fairly (not necessarily equally). Your agreement should cover the marital home, vehicles, bank accounts, retirement accounts, and all outstanding debts.

Spousal support. Whether either spouse will pay alimony, the amount, and the duration. If you agree on no spousal support, that gets included in the judgment.

The SMILE Class Requirement

Both parents must complete the mandatory SMILE (Start Making It Livable for Everyone) parenting education class before the judge will sign the final Judgment of Divorce. The class format varies by county — some offer online webinars, others require in-person sessions, and registration portals differ — but the requirement itself is statewide.

The SMILE class is free in most counties, but its format and registration process vary. Some counties use the MiChildSupport portal; others offer live virtual or in-person sessions. Don't wait until the end of the 180-day period to complete it — it's one more box that must be checked before your final hearing, and scheduling delays can push your timeline past the minimum.

For county-specific SMILE program details, see our Michigan parenting class guide.

The Proofs Hearing

Even in an uncontested divorce, Michigan requires a brief proofs hearing before a judge or referee. One spouse (usually the plaintiff) testifies under oath that:

• The marriage has broken down with no reasonable likelihood of preservation
• The residency requirements are met (180 days in Michigan, 10 days in the filing county)
• The proposed custody arrangement, parenting plan, and support calculations are in the child's best interests

The hearing typically takes 10 to 15 minutes. The judge reviews the settlement agreement, confirms both parties agreed voluntarily, and asks a few questions about the custody arrangement. If everything is in order, the judge signs the Judgment of Divorce.

Common Pitfalls in Uncontested Cases With Children

Rushing the parenting plan. Because both parents are cooperating, there's a temptation to leave details vague. "We'll work it out" sounds reasonable today but creates conflict next Thanksgiving when neither parent can remember who was supposed to have the kids.

Ignoring the temporary period. The 180 days between filing and finalization aren't dead time. The custody arrangement during this period establishes the status quo and can create an Established Custodial Environment that affects any future modification attempt. Use the waiting period to live out your proposed arrangement and identify what works and what doesn't.

Skipping the child support calculation. Some parents agree to handle child expenses informally and skip the formal support order. Michigan courts strongly discourage this, and the FOC may intervene to ensure a proper support calculation is on record. Even cooperative co-parents benefit from a documented support arrangement — circumstances change, and having a baseline protects both parties.

Filing Costs

An uncontested divorce with children in Michigan typically costs:

• Standard filing total: $255 for a divorce with minor children (including the $150 base action, $25 e-filing, and $80 FOC custody fees)
• Service of process: $20–$75
• SMILE class: $0 (free in most counties)

If you use Michigan Legal Help's document assembly tools and represent yourself, the listed filing total plus service is approximately $275–$330 before any fee waiver or optional legal help. If you hire an attorney for document review or limited-scope help, add $500 to $1,500 depending on the scope.

Making the Uncontested Track Work

The Michigan Child Custody & Parenting Plan Guide was designed specifically for parents navigating this process — including those pursuing an uncontested divorce. It covers parenting plan provisions, overnight calculations for the child support formula, FOC preparation, and the evidence worksheets that help you walk into the proofs hearing with a complete case file.

See more Michigan guides →